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how to find a DUI lawyer in Ontario- key questions to ask

How to find a DUI lawyer – Part 2 – Key Questions to ask

This article is Part 2 of an important topic, “How to find a DUI Lawyer.”  You can read Part 1 here. This article focuses on the key questions to ask before you hire a DUI lawyer

The key questions you need to ask a DUI lawyer before you retain them are impacted by THIS reality.  

  • DUI charges are different from other criminal charges. And here’s why.
  • DUI laws change frequently, and you need a lawyer experienced in DUI to keep up with those changes
  • DUI laws are complex and deep.
  • For context, the Criminal Code has more than 60 pages devoted to DUIs compared to murder with less than 20 pages.
  • DUI laws are complex and often change due to something called “case law.” Here’s what I mean when I say “case law.”
  • Laws are written, then “tested in court.” A judge makes a ruling whether that law is right or wrong. And the Judge will explain the law to ensure that the law is followed correctly.
  • Those rulings by Judges are known as case law. And they explain the law in detail about how the police and the Crown must conduct themselves.
  • Think about it this way. More laws (remember, more than 60 pages in the Criminal Code) = more case law = lots of detailed rules to keep up on
  • A lawyer who has DUI as their specialty knows case law better and can identify opportunities in your case than a lawyer who does not have DUI as their specialty. 
  • Bottom line is this.  Experience in DUI cases matters. And I want you to ask these 4 questions to help you find an experienced DUI lawyer to help you fight your case.

1/ What percentage of their practice is DUI cases?

  • Ideally, you want a DUI lawyer with a significant percentage of their practice focused on fighting DUI cases. 
  • The bigger the percentage focus on DUI cases, the more likely it is that DUI lawyer has the necessary focus to keep on top of the DUI laws.  
  • And consequently, the experience you need to fight your DUI case successfully.

2/ How long have they been defending DUI cases?

  • Here, what you’re looking for is a lawyer that has at least a few years of fighting DUI cases.  
  • The more years he or she has been defending DUI cases, it’s more likely that DUI lawyer has the necessary experience to defend your DUI case properly.

3/ How many DUI cases have they defended?

  • Here, you’re looking to hear that your DUI lawyer has defended dozens, if not 100s of DUI cases.  
  • The more DUI cases fought, the more experience that DUI lawyer will have in helping you fight your DUI case.

4/ Who will handle your DUI case?

  • It’s crucial to understand who actually will handle your DUI case.
  • In some cases, it will be the DUI lawyer you are speaking to, which would be great.
  • However, in other cases, that DUI lawyer you are interviewing may get one of their team members to handle your DUI case.  
  • If that happens, ask the DUI lawyer you are speaking to about their role in handling your DUI case.
  • Specifically, you want to ask if they will be supervising the lawyer doing the day-to-day work on your case. If yes, then that should be okay.  
  • However, if the DUI lawyer says they are taking a hands-off approach to your case, then you need to interview the DUI lawyer that will be doing the day to work.
  • And in that case, you should ask these 4 questions to get comfortable with the DUI lawyer who will be doing the work.
Is a DUI a criminal charge in Ontario, Canada?

Yes, driving under the influence (DUI) is considered a criminal charge in Ontario, Canada. If you are convicted of a DUI, you could face serious consequences, including fines, license suspension, and even imprisonment, depending on the circumstances of your case.

What are the consequences of a DUI conviction in Ontario, Canada?

The consequences of a DUI conviction in Ontario, Canada can be severe and long-lasting. You could face fines, license suspension, and imprisonment, depending on the circumstances of your case. Additionally, a DUI conviction can have a negative impact on your personal and professional life, as well as your ability to drive and travel. It is important to take a DUI charge seriously and seek the help of a knowledgeable DUI lawyer as soon as possible.

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Do You Want to Keep Driving?
Dan Joffe, lawyer, partner Nextlaw Ontario

My team uses forensic analysis to determine whether your Charter rights were violated. If you have been charged with DUI, book a free call that can change everything

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About Dan Joffe, Partner

Daniel holds a JD (LLB) / MBA from Osgoode Hall Law School & the Schulich School of Business at York University, Toronto. Dan is a licensed lawyer in the Province of Ontario.

The Ontario DUI Arrest Test™

The 60-Second Ontario DUI Arrest Test assesses the nature of the arrest in order to determine if your charges may get withdrawn.

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Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.